Smt. Kamla Verma vs Smt. Rahi Verma
2021 Latest Caselaw 83 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                              W.P.(227) No. 249 of 2021

Smt. Kamla Verma, Wd/o. Late Bharat Lal Verma, aged about 61 years, R/o. Village-
Arasnara, Post- Devada, Tahsil-Patan, District- Durg, Chhattisgarh.
                                                                    ---- Petitioner

                                       Versus

1.    Smt. Rahi Verma, W/o. Late Bharat Lal Verma, R/o. Village- Borsi,
      Bamleshwari Colony, Near Nar- Narayan Mandir, Tahsil and District- Durg,
      Chhattisgarh.

2.    The Collector Durg, District- Durg, Chhattisgarh.

3.    The Jail Superintendent, Central Jail, Durg, Tahsil and District- Durg,
      Chhattisgarh.

4.    The Divisional Joint Director Treasury, Accounts and Pension, Durg, Tahsil
      and District- Durg, Chhattisgarh.

5.    The Treasuring Officer, District- Treasury Office, Durg, Tahsil and District-
      Durg, Chhattisgarh.

                                                                    ---- Respondent

Mr. Goutam Khetrapal, counsel for the petitioner. 09/04/2021 Mr. Adil Minhaj, Govt. Advocate for the State/respondents No.2, 3, 4 & 5.

Heard.

This petition has been brought being aggrieved by the impugned order dated 23.03.2021, passed in Miscellaneous Civil Appeal No.13/2020, by the Court of Fourth Additional District - Judge, Durg (C.G.), dismissing the appeal and upholding the judgment of the trial Court, in which, the respondent No.1 has been granted relief on the ground that she is the nominee of the deceased Bharat Lal Verma as mentioned in the service book, therefore, she has the entitlement for pension and other retiral benefits.

It is submitted that the respondent No.1 had in her written statement has clearly admitted that the petitioner is the first wife of the late Bharat Lal Verma and there had been no dissolution of marriage between them declared by any Court of law, therefore, the petitioner has entitlement of pension and other retiral benefits, which has not at all been considered by the Court below. Hence, the petition be admitted and interim relief be granted.

Considering on the submissions, the application for grant of interim relief is allowed on temporary basis. It is ordered that the effect and operation of the impugned order regarding pension benefit shall remain stayed, till the next date of hearing.

Issue notice to the respondent No.1. Process fee as per rules.

State counsel accepts notice on behalf of respondents No.2 to

5.

List this case after four weeks.

Sd/-

(Rajendra Chandra Singh Samant) Judge

balram